Darrin MOFFITE a/k/a Darrin Junior Moffite a/k/a Darrin Moffite, Jr. a/k/a Darrin Nelson a/k/a Darrin Junior Nelson a/k/a Darrin J. Moffite, Appellant
STATE of Mississippi, Appellee.
Darrin Moffite, appellant, pro se.
Office of the Attorney General by Lisa L. Blount, attorney for appellee.
Before GRIFFIS, P.J., BARNES and JAMES, JJ.
¶ 1. Darrin Moffite (pro se) appeals the order of the Lauderdale County Circuit Court denying his motion for post-conviction relief (PCR). On appeal, Moffite raises the following issues: (1) whether the trial court erred in enhancing his charge from possession of 2.44 grams of cocaine to possession of cocaine " with intent," and (2) whether the trial court erred in revoking his post-release supervision (PRS) and imposing the suspended portion of his sentence. We find no reversible error and affirm. However, we remand for the trial court to correct the scrivener's error in the judgment of revocation.
FACTS AND PROCEDURAL HISTORY
¶ 2. Moffite was indicted for possession of cocaine with intent to distribute, as a habitual offender. On May 28, 2003, Moffite pled guilty to possession of 2.44 grams of cocaine with an enhanced penalty based on prior drug convictions. Moffite was sentenced to serve a term of twenty-seven years in the custody of the Mississippi Department of Corrections (MDOC). Twenty-two years of that sentence were suspended pending successful completion of five years of PRS. Moffite was also ordered to pay $5,548 in fines and fees. After serving five years in the custody of MDOC, Moffite was released on PRS. On July 23, 2009, Moffite entered into a restitution-center program, which allowed him to work to pay off his outstanding fines and fees.
¶ 3. After Moffite failed three drug and alcohol tests, an MDOC field officer filed a petition to have Moffite's PRS revoked. A hearing was held on April 6, 2010. The trial court determined that Moffite had failed to abide by the terms of his PRS agreement, and revoked the suspended portion of Moffite's sentence. Moffite was sentenced to serve fifteen of the twenty-two years remaining on his sentence in the custody of MDOC. On June 28, 2011, Moffite filed a PCR motion, arguing his PRS was unlawfully revoked. Specifically, Moffite claimed that, based on the terms of his plea agreement, the trial court was only allowed to impose the PRS portion of his sentence for any violation, which was five years. The trial court denied the motion. Moffite now appeals to this Court.
STANDARD OF REVIEW
¶ 4. We will not reverse a circuit court's dismissal of a PCR motion unless the circuit court's findings are clearly erroneous. Williams v. State, 872 So.2d 711, 712 (¶ 2) (Miss.Ct.App.2004). For issues involving questions of law, the applicable standard of review is de novo. Id. (citing Pace v. State, 770 So.2d 1052, 1053 (¶ 4) (Miss.Ct.App.2000)).
I. Whether the trial court erred in finding that Moffite pled guilty to possession of cocaine with intent.
¶ 5. Moffite argues that the trial court committed plain error at the revocation hearing by enhancing his charge from possession of cocaine to possession of cocaine with intent. Following ...